A Quote by Asha Rangappa
The idea of dual sovereignty rests on the premise that the power of the states to prosecute crimes existed before the creation of the federal government, and is reserved to them by the Tenth Amendment to the Constitution.
Quote Topics
Quote Author
Related Quotes
The tenth amendment said the federal government is supposed to only have powers that were explicitly given in the Constitution. I think the federal government's gone way beyond that. The Constitution never said that you could have a Federal Reserve that would have $2.8 trillion in assets. We've gotten out of control.
In
the creation of the federal government, the states exercised the
highest act of sovereignty, and they may, if they please, repeat the
proof of their sovereignty, by its annihilation. But the union possesses
no innate sovereignty, like the states; it was not self-constitute d; it
is conventional, and of course subordinate to the sovereignties by
which it was formed.
To hold that Congress has general police power would be to hold that it may accomplish objects not intrusted to the general government, and to defeat the operation of the 10th Amendment, declaring that 'the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Emergency does not increase granted power or remove or diminish the restrictions imposed upon power granted or reserved. The Constitution was adopted in a period of grave emergency. Its grants of power to the federal government and its limitations of the power of the States were determined in the light of emergency, and they are not altered by emergency.
The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power. This fully corresponds, in every rational import of the terms, with the idea of a federal government.
I see,... and with the deepest affliction, the rapid strides with which the federal branch of our government is advancing towards the usurpation of all the rights reserved to the States, and the consolidation in itself of all powers, foreign and domestic; and that, too, by constructions which, if legitimate, leave no limits to their power... It is but too evident that the three ruling branches of [the Federal government] are in combination to strip their colleagues, the State authorities, of the powers reserved by them, and to exercise themselves all functions foreign and domestic.
...[T]he Constitution conferred only a few specific powers on the federal government, all others being denied to it (as the Tenth Amendment would make plain). Unfortunately, only a tiny fraction of the U.S. population today - subtle logicians like you - can grasp such nuances. Too bad. The Constitution wasn't meant to be a brain-twister.
In the United States we have, in effect, two governments ... We have the duly constituted Government ... Then we have an independent, uncontrolled and uncoordinated government in the Federal Reserve System, operating the money powers which are reserved to Congress by the Constitution.
It [the Constitution] didn't break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as it's been interpreted, and the Warren court interpreted it in the same way that generally the Constitution is a charter of negative liberties. It says what the states can't do to you, it says what the federal government can't do to you, but it doesn't say what the federal government or the state government must do on your behalf. And that hasn't shifted.
If I were a Democrat, I'd siphon the power of states to the federal government. I'd ignore the Constitution and prevent states from determining their own voting practices.
I wish it were possible to obtain a single amendment to our Constitution. I would be willing to depend on that alone for the reduction of the administration of our government; I mean an additional article taking from the Federal Government the power of borrowing.
Americans who believe their government should not be a giant ATM, dispensing money and benefits to people who have not earned them, and who want their country returned to its founding principles, must now exercise that power before it is taken from them. The Tenth Amendment is one place to begin. The streets are another. It worked for the Left.
The Constitution does not protect the sovereignty of States for the benefit of the States or state governments as abstract political entities, or even for the benefit of the public officials governing the States. To the contrary, the Constitution divides authority between federal and state governments for the protection of individuals.
The responsibility of the Department of Justice, when it comes to law enforcement, is to determine whether crimes have been committed and to prosecute those crimes under the principles of federal prosecution.
The First Amendment and Fourteenth Amendment rights in the United States Constitution were being violated in Albany again and again - freedom of speech, freedom of assembly, the equal protection of the laws - I could count at least 30 such violations. Yet the president, sworn to uphold the Constitution, and all the agencies of the United States government at his disposal, were nowhere to be seen.
Under the dual sovereignty principle, the Fifth Amendment's prohibition on double jeopardy - which prevents the government from trying someone twice for the same crime - doesn't apply if the second trial is by a different 'sovereign' - in this case, the state.
Related Authors
Alan Dershowitz Quotes
American
Lawyer
Cass Sunstein Quotes
American
Lawyer
Cenk Uygur Quotes
Turkish
Lawyer
Clarence Darrow Quotes
American
Lawyer
Elizabeth Edwards Quotes
American
Lawyer
Elliott Abrams Quotes
American
Lawyer
James Carville Quotes
American
Lawyer
Judy Sheindlin Quotes
American
Lawyer
Prashant Bhushan Quotes
Indian
Lawyer
Ralph Nader Quotes
American
Lawyer
Robert Green Ingersoll Quotes
American
Lawyer
Robin S. Sharma Quotes
Canadian
Lawyer
Robin Sharma Quotes
Canadian
Lawyer
Valerie Jarrett Quotes
American
Lawyer
William Jennings Bryan Quotes
American
Lawyer
Zephyr Teachout Quotes
American
Lawyer